Facts

Decedent William Hamlett, age 62, was employed by UPS and driving a 2007 Sterling tractor with a 48-foot trailer westbound on US 60 in Rogersville, MO. Kevin Ramsey, driving a 1995 Dodge Intrepid, crossed the median of US 60 and pulled out in front of Hamlett. The tractor-trailer impacted the right side of the Intrepid, veered off the highway to the right, climbed an embankment and overturned onto its driver's side.

Hamlett was fatally injured in the crash and sustained likely cervical fractures in the area of C2 and intracranial hemorrhages.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the cab of the Sterling tractor was defective in design, inadequately tested, not crashworthy and had insufficient roof strength.

DEFENDANT'S CONTENTIONS:
Defendants contended that the cab was properly designed and tested in accordance with all applicable and generally accepted standards. The decedent's fatal injuries were caused by the initial impact and before any cab deformation occurred.

Settlement Discussions

A mediation was held on Sept. 14, 2010 before Eric B. Lindauer.

Damages

Plaintiff Michael Hamlett, decedent's son, requested the jury to award $250,000 in pain and suffering to decedent's estate and $3.75 million in wrongful death damages to Michael Hamlett.

Result

Defense verdict on strict liability and negligence claims.

Other Information

The court generally applied Missouri law regarding damages and did not apply the Oregon cap regarding non-economic damages. The court also excluded any reference to negligence and fault of the other driver, Kevin Ramsey, and would not allow the jury to apportion any fault to him on the special verdict form based on Missouri law. JUDGE: Hon. Leslie Roberts (trial judge after illness of Hon. Marilyn Litzenberger precluded her from continuing). FILING DATE: Aug. 10, 2009.

Deliberation

1.5 hours

Poll

12-0

Length

11 days